UNITED STATES OF AMERICA.
The nation occupying the territory between British America on the north, Mexico on the south, the Atlantic Ocean and Gulf of Mexico on the east, and the Pacific Ocean on the west; being the republic whose organic law is the constitution adopted by the people of the thirteen states which declared their inde pendence of the government of Great Britain on the fourth day of July, 1776.
2. When they are said to constitute one nation, this must be understood with proper qualifications. Our motto, E pluribut yawn, expresses the true nature of that composite body, by which foreign nation° are regarded and in which they look on us. No state cao enter ioto a treaty, oor make a com paet with any foreign nation, nor grant letters of marque or reprisal. Art. 1, 10; art. 4, 4. To foreigners we present a compact unity, an undi vided aovereignty. No state cao do a national act nor legally commit the faith of the Union.
In our inter-state and domestic relation° we are far more a complex body. In these we are for some purpoaes one. Wa ara so as far as our con stitution makes us one, and no further; and under this wa are ao far a unity that one state is not foreign to another. Art. 4, 2. A constitution, according to the original meaning of the word, is an organic law. It includes the organization of the goveroment, the grant of powers, the distri bution of these powers into legislativa,.executive, and judicial, and the names of the offioers by whom these are exercised. And with theaa provision° a aonatitution, properly so oalled, terminates. But ours goes further. It contains restrictions on the power° of the government which it organizes.
The migration or importation of any description of persons (and this relate° purely to the importa tion of slavaa from Afrioa) shall not be prohibited prior to the year 1808.
The writ of habeae corpue, the great instrument in defence of personal liberty against the encroach ment of the government, shall not be auspended but in case of rebellion or invasion, and when the public safety requires it. Ho bill of attainder or ex pt.st facto law shall be passed ; no money shall be drawn from the treasury where there ia not a regular appropriation ; oo title of nobility shall be granted; and no parson holding office shall receive a present from any foreign government. Art 1,
9. To these, which are in the original coostitu tion, may be added the eleven first amendments. 'These, as their character clearly shows, had their origin io a jealousy of the powera of the geoeral government. All are designed more effectually to guard the rights of the people, and would properly, together with the restrictions in the original eon atitution, have a place in a bill of right°. Any mit or law of the United States in violation of these, with whatever formality enacted, would be null and void, as an exam of power.
3. The restrictions on state sovereignty, besides those which relate to foreign nations, are that no atata shall coin money, emit billa of credit, make any thing bnt gold and ailver a tender in the pay ment of debts, pass any bill of attainder or ex poet facto law, or law impairing the obligation of contracts, or grant any title of nobility. These prohibitions are absolute. But without the conaent of congresa no state shall lay any duties on import° or exports, or any duty on toonage, or keep troops or ship° of war in time of' peace, or enter into any agreement or compact with another state, or engage in war unleas actnally invaded or in imminent danger of being so.
What conatitutes a duty on exports or imports has been a matter of grave doubt' in 'the supreme court. Whether a tax on passengers iotroduced from foreign countries, 7 How. 286, or pilot laws enacted by a atate, 12 How. 299, be an interference with the exclusive power of the United States to regulate commerce, may be a subject on which men may pause. But whatever thane restrictions are, they operate on all atates alike, and if any atate law violates them the law is void. Of these viola tions we have various examplea; and without any legialation of congress the supreme court has de clared them so. 6 Cranch, 100; 4 Wheat.122,316, 518; 16 How. 304.